Administrative Policy Statement

13.8

This policy is based on the University's Alcohol and Drug
Abuse Policy (Administrative
Policy Statement 13.7) and addresses the drug and alcohol
testing requirements for positions which are covered by the federal Omnibus
Transportation Employee Testing Act and U.S. Department of Transportation
regulations. This policy describes the primary elements of the University's
testing program. The following are references to federal and state laws
and University policies:

To comply with the federal regulations related to alcohol
and drug testing of staff covered by the federal Omnibus
Transportation Employee Testing Act and U.S. Department
of Transportation regulations;

To comply with federal and state regulations related to
positions requiring a Commercial Driver's License (CDL);

To appropriately protect the rights, confidentiality,
and privacy of those individuals subject to testing;

To provide referral to rehabilitation services to those
who are experiencing an alcohol or chemical dependency
problem; and

To take appropriate corrective action when the test of
a covered employee shows the presence of alcohol or controlled
substances.

Covered employees must not report for work if they
are impaired and/or under the influence of drugs of abuse. Being
impaired and/or under the influence of controlled substances while
on duty, or any activity involving use, possession, distribution,
or sale of alcohol, unauthorized prescription drugs, controlled
substances or drug paraphernalia at University facilities is strictly
prohibited. The appropriate use of legally prescribed drugs and
nonprescription medication is not prohibited. However, it is the
responsibility of covered employees to remove themselves from
vehicle and equipment operation and report the situation to their
supervisor if they are experiencing any adverse effects from medication
or prescribed drugs. Employees who are found to be in violation
of this policy shall be subject to appropriate corrective action.

a. Management

Ensure the contents of this policy are communicated to affected staff;

Ensure that supervisors receive training to understand the provisions
of this policy and to recognize behaviors which may
indicate substance abuse; and

Remove employees from safety sensitive work and take appropriate corrective
action as warranted by positive test results and in accordance with this
policy, and with federal and state regulations.

b. Supervisors

Supervisors' responsibilities are as follows:

Attend training explaining the provisions of this policy and how to recognize
behaviors which may indicate substance abuse;

Inform all current and future covered employees about the University's
drug and alcohol abuse policy, educational materials,
and information on rehabilitation services available;

Enforce and comply with the provisions of this policy;

Serve as a positive role model; and

Remove employees from safety sensitive work and take appropriate
corrective action as warranted by positive test results and in accordance
with this policy, and with federal and state regulations.

c. Employees

Employees' responsibilities are as follows:

To comply with University policy and federal regulations which prohibit
being under the influence of drugs and/or alcohol
while on the job or in a paid standby capacity;

To report any impairment that affects the ability to perform safety sensitive
work to the supervisor, including the effect of prescribed
drugs;

Submit to alcohol and drug testing when required to do so in accordance
with federal regulations;

Participate in an evaluation with a Substance Abuse Professional (SAP) if
a drug test is positive or a breath or alcohol test
indicates an alcohol concentration of 0.02 or above;

Immediately notify their supervisor of any criminal conviction involving
drugs or alcohol in the workplace;

Immediately notify their supervisor of any conviction for driving under
the influence of drugs or alcohol; and

Immediately notify their supervisor of any accidents, regardless of who
may be at fault, that occur while operating a vehicle for which possession
of a Commercial Driver's License is required.

d. Human Resources Department

The Human Resources Department's responsibilities
are as follows:

Promote a drug- and alcohol-free workplace by informing applicants for
employment of the University's policy and testing
program;

Implement a training program for supervisors and managers of covered employees
subject to drug and/or alcohol testing which covers
this policy, the effects of drugs and/or alcohol in
the workplace and behavioral symptoms of impairment;

Provide caregiver referral services to employees who may need assistance
to overcome drug or alcohol dependency;

All supervisors of covered workers and first level
managers will attend a training course which covers this policy,
the effects of controlled substances and alcohol in the workplace,
behavioral symptoms of being under the influence of drugs and/or
alcohol, and rehabilitation services available. Refresher courses
will be periodically scheduled.

All covered employees will receive a copy of this
policy and informational materials about the effects of controlled
substances and alcohol in the workplace and rehabilitation services
available.

Confidentiality and privacy will be maintained
to the greatest extent possible throughout all stages of the
testing process as well as the reporting of test results.

b.

Types of Testing

1)

Preduty TestingCandidates
offered positions performing work covered
by federal regulations will undergo urine
drug testing prior to performing CDL driving
duties. The job offer shall be conditioned
on the results of this drug test. Arrangements
for this testing will be made by the University.
Satisfactory test results (negative on controlled
substances) are required as a condition of
employment (documentation of satisfactory
test results within the last six months from
a previous employer is acceptable).

Temporary employees will undergo such testing
prior to each term of employment when more
than six months has elapsed since a previous
satisfactory test. Failure to pass will disqualify
an applicant.

2)

Reasonable
Suspicion TestingReasonable suspicion
must be based on specific contemporaneous, describable
observations concerning the appearance, behavior,
speech, or body odors of the employee. Referral
for such testing will be made on the basis of
facts and circumstances documented by a supervisor
who has attended required training, or by a higher
level supervisor or manager who also has attended
the required training. A written record will be
made of the observations used as the foundation
for such a test. To the extent reasonably possible,
requests for union representation will be honored
during this process.

3)

Postaccident TestingCovered
employees are required by federal regulations
to be tested for drugs and alcohol if they
are involved in an accident on a public road
that results in:

A fatality; or

An injury which requires treatment away from the
scene and the covered employee receives a citation
under state or local law; or

A vehicle that is not drivable after making
simple repairs during daylight, and the covered
employee receives a citation under state or
local law.

Following such an accident, the University
will arrange for testing the employee
as soon as possible (ideally within two hours, but not to exceed eight hours for
alcohol testing and 32 hours for
drug testing). Employees involved in accidents
must remain available for testing and
must refrain from alcohol and drug use
following the accident until a drug and
alcohol test is administered. However,
this does not require the delay of necessary
medical attention for injuries or prohibit
a covered employee from leaving the scene
of an accident if necessary to obtain
assistance to respond to the accident
or to obtain emergency medical care. In
such instances, the employee will be transported
to the testing site. Employees who leave
the scene of an accident inappropriately
will be considered to have refused the
test and will be subject to appropriate
corrective action, up to and including
dismissal.

4)

Random TestingCovered
employees are subject to random, unannounced drug
and alcohol testing spread reasonably throughout
the calendar year. Random controlled substance
testing will be conducted at an annualized rate
of 50 percent of covered employees and random
alcohol testing will be conducted at an annualized
rate of ten percent of covered employees. The
base for determining these percentages will be
the number of full-time equivalents (FTEs) assigned
to covered work. Random tests of employees will
be determined solely by the testing contractor
using a scientifically valid method to ensure
randomness. The random testing rate is based on
standards of the federal Highway Administration
and may be adjusted from time to time.

5)

Return-To-Duty and Follow-Up TestingAll
employees who test positive on a drug or alcohol
test must test negative prior to returning
to safety sensitive work. Such employees will
also be required to undergo follow-up drug
and alcohol testing which shall include at
least six unannounced, follow-up tests during
the first 12 months after returning to
work, in addition to any ongoing random testing.
At the discretion of the substance abuse professional
and the University, such follow-up testing
may be extended for up to 60 months after
the employee's return to work. Return-to-duty
and follow-up testing will be at the employee's
expense.

Any covered employee who refuses to comply with a request for
testing, who provides false information in connection with
a test, or who attempts to falsify test results through tampering,
contamination, adulteration, or substitution shall be in violation
of this policy. Refusal to comply may include an inability
to provide a specimen or breath sample without a valid medical
reason or failure to proceed immediately to the collection
site (unless dispatched by the supervisor for an emergency).
Such refusals will be treated as insubordination, a willful
violation of policy, and as grounds for corrective action.

When insufficient volume or breath provides an inadequate sample
or the collection technician has reason to suspect tampering
with the sample, another urine or breath sample may be required.
If tampering is suspected, the second collection may be under
observed conditions. Documented instances of tampering will
be treated as insubordination, a willful violation of policy,
and as grounds for corrective action.

Testing will be conducted in such a way as to
ensure maximum accuracy and reliability by using the techniques,
chain of custody procedures, equipment, and laboratory facilities
which have been approved by the U.S. Department of Health
and Human Services as specified in the federal regulations
(49
CFR Part 40). Both alcohol and drug testing will be conducted
in an environment which affords personal privacy to the maximum
extent practicable.

1)

Controlled Substance Testing Methodology

a)

Initial TestingAnalytical urine
testing will be conducted for controlled substances
including marijuana, cocaine, opiates, amphetamines,
and phencyclidine at a laboratory that the U.S.
Department of Health and Human Services has certified
for DOT drug testing. An initial drug screen will
be conducted on each specimen (after a split sample
is segregated by the collector). Negative tests
are reported confidentially and in a timely manner
to the University.

b)

Confirmation
TestingFor those specimens that screen positive,
a confirmation test using gas chromatography/mass
spectrometry will be performed. If the confirmation
test is negative, the results will be reported
confidentially and in a timely manner to the University.
If the confirmation test is also positive, the
test results will be provided to the MRO.

c)

The Medical
Review Officer's ProceduresThe MRO will
complete the following steps:

Review the chain of custody to ensure proper
handling and identification of the sample.

Review the initial screening test and confirmation
test to ensure the accuracy of the reported
testing results.

Contact the employee to notify him or her of
the confirmed, positive test result and provide
him or her an opportunity (in person or over
the telephone) to discuss the result and provide
possible explanations of the test result.

In carrying out these duties, the MRO may become aware of sensitive
medical information
such as an individual's medical condition, medications, medical diagnosis, and medical
history. This information will be kept confidential by the MRO and will not be released
for any purpose not related to the MRO's primary duty to determine if unauthorized drug
use has occurred except as follows: The MRO may disclose such information to the
employer, the Department of Transportation (DOT) or other federal agency, or a physician
responsible for determining the medical qualification of the employee under an applicable
DOT agency regulation only if:

The DOT regulation permits or requires
such disclosure;

In the MRO's reasonable medical judgment,
the information could result in the
employee being determined to be medically
unqualified under an applicable DOT
agency rule; or

In the MRO's reasonable medical judgment,
in a situation in which there is no
DOT agency rule establishing physical
qualification standards applicable
to the employee, the information indicates
that continued performance by the
employee of his or her safety sensitive
function could pose a significant
safety risk.

Before obtaining medical information from the employee as part of the verification process,
the MRO shall inform the employee that information may be disclosed to third parties as
provided above and the identity of any parties to whom information may be disclosed.

If the individual declines the opportunity for a discussion with the MRO, the MRO will conclude the
evaluation and report to the University.

If the individual engages in discussion with the MRO, the MRO will inform the individual of the opportunity
for a test of the split sample. If the employee requests testing of the split sample, the results must be
released to the MRO for review. The MRO will report the test results of the split sample to the individual
and the University.

The MRO will complete the evaluation and report the test results to the University. A positive test will be considered to be a violation of this policy and corrective action will take place in accordance with procedures herein.

2)

Alcohol Testing MethodologyTests
for alcohol concentration will be conducted
using National Highway Traffic Safety Administration-approved,
evidential breath-testing devices operated
by trained technicians provided by the testing
contractor, or by approved screening devices.
Negative test results will be known immediately
and communicated to the employee by the testing
technician at that time. An employee who tests
at an alcohol concentration of 0.02 or above
will be retested in not less than 15 minutes,
nor more than 30 minutes, after the first
test. This is considered a confirmation test.
All detectable levels of alcohol will be reported
to the University. A confirmed alcohol concentration
above 0.02 is in violation of this policy
and corrective action will take place in accordance
with procedures herein.

Negative Test ResultsNegative
results will be reported confidentially and in
a timely manner by the testing contractor to the
designated University official. Negative results
arising from such testing will be confidentially
maintained by the University in locked files not
associated with any particular individual. Individuals
may request a copy of their personal test result
form.

b)

Verified
Positive Test ResultsVerified positive results
will be reported confidentially and in a timely
manner by the MRO to the designated University
official, who will immediately contact the Human
Resources Consultant in order to initiate the
corrective action process. Positive results will
only be shared with staff having a legitimate
business-related reason to know.

c)

Testing Contractor ReportsThe
testing contractor will submit controlled substance
MIS reports to the University in a timely manner.

2)

Alcohol Testing Results

a)

Negative
Test ResultsNegative test results will be
known immediately and communicated to the employee
by the testing technician at that time. In addition,
the testing contractor will report negative results
confidentially and in a timely manner to the University
which will confidentially maintain this information
in locked files not associated with any particular
individual. Individuals may request a copy of
their personal test result form.

b)

Confirmed
Positive Test ResultsConfirmed positive
test results will be confidentially reported by
the testing technician to the employee and the
designated University official who will immediately
contact the responsible unit manager and the Human
Resources Consultant in order to initiate the
corrective action process. Positive results will
only be shared with staff having a legitimate
business-related reason to know.

c)

Testing
Contractor ReportsThe testing contractor
will submit alcohol MIS reports to the University
in a timely manner.

7. Corrective Action

a.

Counseling and Rehabilitation Services

The University cares about its employees and encourages employees
to voluntarily participate in treatment for alcohol or drug
abuse. Alcoholism and drug dependency are viewed as treatable
illnesses which may be successfully managed. The University
encourages employees to seek treatment voluntarily and will
arrange for referral to an appropriate professional through
its employee assistance program. Any employee who voluntarily
notifies the employer of alcohol and/or controlled substance
abuse problems will be given the same opportunity to seek
assistance that is extended to employees with any other illness.
Sick leave, vacation leave, compensatory time, or reasonable
leave of absence without pay may be granted for substance
abuse treatment.

Employees are also encouraged to contact the University's
Benefits Office for help in understanding insurance benefits,
when participating in treatment. Confidentiality will be maintained
to the greatest extent possible at all times.

b.

Controlled Substance Testing

A positive test result indicating the presence of a controlled
substance constitutes a violation of this policy, of RCW 46.25.120, and the Omnibus Transportation Employee Testing Act of
1991. When the University is made aware of such a violation, the following
corrective action will be taken:

The employee will be immediately relieved from all
safety sensitive duties. At the University's discretion,
and based on the availability of alternate work assignments,
the University may direct the employee to return home.
Arrangements will be made to safely transport the
individual home.

For any time the employee is required to be off the
job, he or she may request and be granted accrued
paid leave (i.e., sick leave, vacation leave, or compensatory
time). If the employee does not specify the type of
paid leave to be taken, or if the employee does not
have paid leave accrued, he or she will be placed
on leave without pay.

The employee will be referred by the University to
an appropriate professional through its employee assistance
program for evaluation and for development of a return-to-work
agreement, and a treatment plan, if necessary. The
employee is required to pass a return-to-duty drug
test and receive clearance from the substance abuse
professional prior to returning to duty. Initial assessment,
case management, and follow-up services with a substance
abuse professional will be at no cost to the employee.

The University will take appropriate corrective action
if the employee fails to meet with the substance abuse
professional and/or does not successfully complete all
elements of the return-to-work plan.

The University will evaluate the need for and take
the appropriate corrective action up to and including
dismissal.

Upon return to duty, the employee will undergo follow-up
testing (in addition to any ongoing random testing)
which will include at least six follow-up tests during
the first 12 months. At the discretion of the
substance abuse professional and the University, such
random testing may continue for up to 60 months
after the employee's return to safety sensitive work.

c.

Alcohol Testing

1)

Alcohol Concentration
of 0.02 to 0.039Alcohol concentration of 0.02 to 0.039
constitutes a violation of this policy and the Uniform Commercial
Driver's Act, RCW 46.25.110(1) which reads in part, "a person may not drive,
operate, or be in physical control of a commercial motor vehicle
while having alcohol in his or her system." When the University
is made aware of such a concentration by the testing contractor,
the following correction action will be taken:

The employee will be immediately relieved from
all safety sensitive duties for 24 hours.
Arrangements will be made to safely transport
the individual home.

For any time the employee is required to be off
the job, he or she may request and be granted
accrued paid leave (i.e., sick leave, vacation
leave, or compensatory time). If the employee
does not specify the type of paid leave to be
taken, or if the employee does not have paid leave
accrued, he or she will be placed on leave without
pay.

The employee will be referred to a substance abuse
professional for evaluation and for development
of a return-to-work agreement, and a treatment
plan, if necessary. The employee is required to
pass a return-to-duty alcohol test prior to returning
to duty. The employee will be referred to a substance
abuse professional through the University's employee
assistance program. Initial assessment, case management,
and follow-up services with a substance abuse
professional provided through the University's
employee assistance program will be at no cost
to the employee.

The University will take appropriate corrective action
if the employee fails to meet with the substance abuse
professional and/or does not successfully complete
all elements of the return-to-work plan.

The University will evaluate the need for and take
the appropriate corrective action up to and including
dismissal.

2)

Alcohol Concentration
of 0.04 or GreaterAlcohol concentration
of 0.04 or greater constitutes a violation of this
policy, of RCW 46.25.120, and the
Omnibus Transportation Employee
Testing Act of 1991. When the University is made
aware of such a violation by the testing contractor,
the following corrective action will be taken:

The employee will be immediately relieved from
all safety sensitive duties. At the University's
discretion, and based on the availability of alternate
work assignments, the University may direct the
employee to return home. Arrangements will be
made to safely transport the individual home.

For any time the employee is required to be off
the job, he or she may request and be granted
accrued paid leave (i.e., sick leave, vacation
leave, or compensatory time). If the employee
does not specify the type of paid leave to be
taken, or if the employee does not have paid leave
accrued, he or she will be placed on leave without
pay.

The employee will be referred to a substance abuse
professional for evaluation and for development
of a return-to-work agreement, and a treatment
plan, if necessary. The employee is required to
pass a return-to-duty alcohol test prior to returning
to duty. The employee will be referred to a substance
abuse professional through University's employee
assistance program. Initial assessment, case management,
and follow-up services with a substance abuse
professional provided through the University's
employee assistance program will be at no cost
to the employee.

The University will take appropriate corrective action
if the employee fails to meet with the substance abuse
professional and/or does not successfully complete
all elements of the return-to-work plan.

The University will evaluate the need for and take
the appropriate corrective action up to and including
dismissal.

If the employee is returned to duty, the employee
will undergo follow-up testing (in addition to
any ongoing random testing) which will include
at least six follow-up tests during the first
12 months. At the discretion of the substance
abuse professional and the University, such random
testing may continue for up to 60 months
after the employee's return to safety sensitive
work.

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